In re Cushion v [1997] JLR_Note 1a (14 July 1997)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Desastre / Application for Discharge
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court's decision on discharge depends on the exercise of its discretion, balancing the debtor's compliance and the creditor's objections.
Court disposition
Not specified
02
Material facts
Parties
Cushion
DebtorUnknown Creditor(s)
Creditor03
Procedural history
Posture
Desastre / Application for Discharge
04
Questions and positions
Legal issues
- 01
Whether the debtor should be discharged from the desastre
- 02
Whether the creditor's opposition to discharge should be upheld
- 03
How the court should exercise its discretion in discharge applications
Party arguments
- Applicant
- The debtor seeks discharge from the desastre, arguing eligibility and compliance with statutory requirements.
- Respondent
- The creditor opposes discharge, contending that the debtor should not be released due to outstanding obligations or other grounds.
05
Court’s reasoning
Legal principles
- 01
Jersey insolvency law
The court has discretion to grant or refuse discharge of a debtor in a desastre, considering the interests of creditors and compliance with legal requirements.
06
Ratio, limits and disposition
Ratio decidendi
The court's decision on discharge depends on the exercise of its discretion, balancing the debtor's compliance and the creditor's objections.
Court disposition
Not specified
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
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Judgment text
The complete available source text.
Court record
Judgment
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